DEBOJIT GHOSH Vs. BALARAM BASAK

JUDGEMENT

(1.) This appeal is against an order of the Calcutta District Forum dated 3.7.94 passed in C. D. F. Case No.47/93 allowing the case of the respondent No.1 filed in the said Forum. The case of the complainant was that he had purchased a Storewel Almirah from the O. P. No.2 (the present appellant) at New Barrackpur, 24 Parganas (North) on 30.6.92 on payment of Rs.5,750/-. It was agreed that out of the said amount Rs.310/- would be paid back as commission. The almirah was required in connection with the marriage ceremony of the complainant's daughter. On receipt of the almirah it was detected that it was short of two shelves. As the appellant did not supply the shelves in question inspite of request from the Complainant, the latter was compelled to purchase two new shelves and fitted them in the almirah at a cost of Rs.426.95p. The complainant claimed the amount of commission and the cost of the two new shelves and the fitting cost of Rs.190/- from the appellant, but nothing was paid.

(2.) The Godrej and Boyce Manufacturing Co. who is the manufacturer of the Storewel Model Almirah sold to the complainant was made a party in the complaint case but they denied having any connection with the appellant's company "national Sales" of New Barrackpur. The father of the appellant was contacted, but the appellant was not traceable. According to the Godrej and Boyce Mfg. Co. there was no dealer or sub-dealer under them of the name "national Sales" and they had no responsibility in regard to the almirah sold by the appellant. The Godrej and Boyce Mfg. Co. was accordingly declared by the Forum as an unnecessary party.

(3.) From the judgment it appears that the complainant approached the Calcutta Police and lodged a complaint with the S. P. , 24 Parganas (North), but the police was of no help. The Calcutta District Forum also tried to apprehend the appellant by issuing a warrant of arrest, but he could not be arrested. He did not appear inspite of the service of notice upon him. The Forum thereafter heard the complainant, saw his documents and being satisfied with the genuineness of the complainant's grievance allowed his case and passed a decree for Rs.917/- being the cost of the shelves arid fitting charge and a compensation of Rs.500/-. Thereafter the present appeal has been filed challenging the order of the District Forum.